Hong Kong Case Law: Decisions & Judgments

Topic

Set‑aside of judgment

Legal area

Court

7 Apr 2025

LEE SHI YAN ESTHER v. APPLE ASIA LTD (sued as APPLE INC, HONG KONG BRANCH)

Citation

[2025] HKCFI 1426
Court

Court of First Instance
Case number

HCA1616/2024

The Set‑Aside Summons is dismissed because the court had no power to re‑open the appeal after the dismissal order was sealed; alternatively, even if power existed, the applicant’s delay was substantial and unexplained, her reasons were unreasonable and inconsistent, and the underlying appeal is hopeless because the statement of claim discloses no reasonable cause of action (including failure to plead a valid PDPO claim), therefore no extension of time to appeal is granted and the strike‑out is upheld.
10 Jan 2024

朱賽金對華佩儀總司法行政主任（投訴法官行為秘書處）

Citation

[2024] HKCFI 77
Court

Court of First Instance
Case number

HCAL1521/2021

The application was dismissed because there were no objective grounds for recusal, the court had no jurisdiction to set aside the earlier final judgment, the applicant failed to justify an extension of time after an approximately 24‑month delay beyond the 14‑day appeal period, and the proposed appeal had no real prospect of success; consequently requests for recusal, stay and set‑aside were refused.
2 Dec 2016

E-TRADE SECURITIES LLC v. CEDALIAN CARE SERVICES CONSULTANTS LTD AND OTHERS

Citation

E-TRADE SECURITIES LLC v. CEDALIAN CARE SERVICES CONSULTANTS LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2312/2016

Because the 4th defendant failed to file any defence within time, provided no acceptable explanation for repeated defaults, and the plaintiff established a prima facie link between the fraud and funds traced to the 4th defendant, the court exercised its discretion to enter judgment for the plaintiff and to continue the Mareva order until satisfaction of the judgment, with execution stayed for 14 days.
17 Jun 2014

BANK OF CHINA (HONG KONG) LTD v. LEUNG SHIU KEE AND OTHERS

Citation

BANK OF CHINA (HONG KONG) LTD v. LEUNG SHIU KEE AND OTHERS
Court

District Court
Case number

DCCJ1208/2009

The 5th defendant's allegations were not believable and, even if believed, did not amount to an arguable defence in law to discharge the Guarantee; accordingly the appeal was allowed and summary judgment entered for the plaintiff for the stated sums.

Hong Kong Case Law

LEE SHI YAN ESTHER v. APPLE ASIA LTD (sued as APPLE INC, HONG KONG BRANCH)

朱賽金 對 華佩儀總司法行政主任（投訴法官行為秘書處）

E-TRADE SECURITIES LLC v. CEDALIAN CARE SERVICES CONSULTANTS LTD AND OTHERS

BANK OF CHINA (HONG KONG) LTD v. LEUNG SHIU KEE AND OTHERS

朱賽金對華佩儀總司法行政主任（投訴法官行為秘書處）